Text Public Records - Immediate Diclosure Request

twitter.com/journo_anon filed this request with the San Francisco War Memorial Board of San Francisco, CA.
Status
Completed

Communications

From: twitter.com/journo_anon

To Trustees Breed, Horn, Schultz, Bechtle, Gatti, Levin, Lui, Moscone, Myatt, Pelosi, Wilsey, Wright, and Director Caldon, and the SF War Memorial Board:

This is an immediate disclosure request for any texts or chat messages (in any form, or any app, SMS, MMS, text, chat, Signal, Facebook, Twitter, Instagram, Telegram, Messenger, Hangouts, Meet, Teams, WhatsApp, WeChat, or any other messaging system, whether encrypted or not) between you and either Director Caldon or any other Trustee from Nov 1 2019 to present. Pursuant to City of San Jose v Superior Court, you must provide all messages on personal property about the conduct of public business (note, not just City business, but public business, so federal business would count too).

I will later on request the records of you requesting the above records from each trustee, and their responses, to ensure all have complied with the law.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

An Anonymous Independent Journalist

From: twitter.com/journo_anon

To Trustees Breed, Horn, Schultz, Bechtle, Gatti, Levin, Lui, Moscone, Myatt, Pelosi, Wilsey, Wright, and Director Caldon, and the SF War Memorial Board:

This is an immediate disclosure request for any texts or chat or instant messages (in any form, or any app, SMS, MMS, text, chat, Signal, Facebook, Twitter, Instagram, Telegram, Messenger, Hangouts, Meet, Teams, WhatsApp, WeChat, or any other messaging system, whether encrypted or not) between you and either Director Caldon or any other Trustee from Nov 1 2019 to present. Pursuant to City of San Jose v Superior Court, you must provide all messages on personal property about the conduct of public business (note, not just City business, but public business, so federal business would count too).

I will later on request the records of you requesting the above records from each trustee, and their responses, to ensure all have complied with the law.

Provide rolling responses. Provide exact copies of all messages. Do not print and scan. Provide all attachments, images, audio, video, conversation participant names, and date/time stamps. Follow all Sunshine Ordinance requirements.

Do not destroy any responsive records that exist as of this request.

Remember that if you claim that you don't have records or that the records are not related to public business, you may be later required by a court to declare as such, under penalty of perjury.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

An Anonymous Independent Journalist

From: San Francisco War Memorial Board

Dear Anonymous Independent Journalist,

I am writing to confirm receipt of your records request dated March 16, 2021. The War Memorial will comply with all provisions of the Sunshine Ordinance in responding to your request.

Please note:

1. London Breed is not a Trustee of the San Francisco War Memorial but rather Mayor of the City and County of San Francisco. The War Memorial does not have access to her records. For any records pertaining to Mayor Breed please submit a request to the Office of the Mayor via email at mayorsunshinerequests@sfgov.org<mailto:mayorsunshinerequests@sfgov.org>.
2. Your email refers to this as an Immediate Disclosure Request. However, the request seeks a voluminous amount of documents spanning 16-months, which are not in possession of the department, and which may or may not exist. As such, this request does not constitute an Immediate Disclosure Request. While the War Memorial will endeavor to respond to the request as quickly as is practicable, we must invoke the 14-day extension to allow adequate time to communicate the request to the 12 people affected and to compile their responses for you. Consistent with the Sunshine Ordinance, the War Memorial will respond to your request by end of day on April 9, 2021.
3. The Sunshine Ordinance does not require rolling responses nor does it provide for requestors to define the precise nature of how the request is fulfilled. The War Memorial will not be able to provide rolling responses but will furnish a thorough set of records consistent with all provisions of the Sunshine Ordinance.

Please let me know if you have any questions.

Thank you, Jennifer

Jennifer Norris, CVE
Assistant Managing Director/Executive Secretary to the War Memorial Board of Trustees
San Francisco War Memorial and Performing Arts Center
401 Van Ness Avenue, Rm 110
San Francisco, CA 94102

From: twitter.com/journo_anon

Regarding "3. The Sunshine Ordinance does not require rolling responses nor does it provide for requestors to define the precise nature of how the request is fulfilled. The War Memorial will not be able to provide rolling responses but will furnish a thorough set of records consistent with all provisions of the Sunshine Ordinance."

You are wrong. Admin Code 67.25(d):
"(d) Notwithstanding any provisions of California Law or this ordinance, in response to a request for information describing any category of non-exempt public information, when so requested, the City and County shall produce any and all responsive public records as soon as reasonably possible on an incremental or "rolling" basis such that responsive records are produced as soon as possible by the end of the same business day that they are reviewed and collected. This section is intended to prohibit the withholding of public records that are responsive to a records request until all potentially responsive documents have been reviewed and collected. Failure to comply with this provision is a violation of this Article."

Please confirm in writing immediately that you will comply and provide records on a rolling basis and by the end of the same business day that they each is reviewed and collected.

I look forward to your confirmation by 5pm today. If you refuse to do so, complaints alleging your violation of Admin Code 67.25(d) will be filed with the SOTF. Have a good day.

Sincerely,
Anonymous

From: San Francisco War Memorial Board

Thank you for clarifying.

We will follow all the provisions of the Sunshine Ordinance.

Thank you Jennifer

From: twitter.com/journo_anon

Great I'll expect the records as each is reviewed. Thank you.

From: San Francisco War Memorial Board

Good Morning,

To date I have received responses from Managing Director John Caldon and 9 of the 11 Trustees.
8 of the 9 Trustees have responded that they have no responsive records and have not used any phone or computer apps to correspond with each other, the Mayor, or Managing Director John Caldon regarding government business between November 1, 2019 and March 16, 2021.

One Trustee, Stanlee Gatti, has one responsive text a screen shot of his reply and the text is below.
I will pursue responses from the other 2 trustees today.
Thank you
Jennifer
______________________________________________________________________________________________

Please know I have not communicated via texts, chats or instant messages with either Mayor Breed, or any member of the board trustees regarding the conduct of government business as it would relate to my position as a trustee on the War Memorial Board. I have however, through text message communicated the following with John Caldon.
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From: twitter.com/journo_anon

Excellent, and thank you for your timely and compliant response!

--Anonymous

From: San Francisco War Memorial Board

Good Morning,

To date I have received responses from Managing Director John Caldon and all 11 of the 11 Trustees.
10 of the 11 Trustees have responded that they have no responsive records and have not used any phone or computer apps to correspond with each other, the Mayor, or Managing Director John Caldon regarding government business between November 1, 2019 and March 16, 2021.

The one trustee with a record to share was Trustee Gatti, whose text was shared with you previously.

Thank you Jennifer

Jennifer Norris, CVE
Assistant Managing Director
San Francisco War Memorial and Performing Arts Center
401 Van Ness Avenue, Rm 110
San Francisco, CA 94102
415-554-6308

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